Brown v. Waterworks Improvement District No. 1
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourlcmd, Chancellor; There is no law .or statute in this State that authorizes Waterworks Improvement District No. 1 to place any incumbrance on the waterworks plant without legislative authority, and the mortgage was in violation of article 19, § 27, Constitution, and void, and the maintenance and upkeep of the plant must be performed by the city of Fort Smith, which is operating the plant, under Kirby’s…
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourlcmd, Chancellor; There is no law .or statute in this State that authorizes Waterworks Improvement District No. 1 to place any incumbrance on the waterworks plant without legislative authority, and the mortgage was in violation of article 19, § 27, Constitution, and void, and the maintenance and upkeep of the plant must be performed by the city of Fort Smith, which is operating the plant, under Kirby’s Digest, § 5675; Act 158, Acts 1911. The statutes only provide for one assessment, except that § 5716, Kirby’s Digest,…
1Opinion of the CourtWood, J.
The appellant instituted this action against the Waterworks Improvement District No. 1 of the city of Fort Smith, Arkansas (hereafter called district) and the commissioners of the city of Fort Smith, who were also ex-officio commissioners of the district. He alleged that the district was duly established by ordinance of the city council of the city of Fort Smith, February 4, 1907; that a board of improvement and a board of assessors for the district were duly elected; that on January 6, 1911, an assessment was duly made on the real estate in the district; that on April 3, 1911, an ordinance…
2Cases cited12 opinions
- State v. HandlinSupreme Court of Arkansas · 1911
- Easley v. PattersonSupreme Court of Arkansas · 1920
- Rector v. Board of ImprovementSupreme Court of Arkansas · 1887
- Iowa Loan & Trust Co. v. HolderbaumSupreme Court of Iowa · 1892
- Sembler v. Water & Light Improvement DistrictSupreme Court of Arkansas · 1913
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3Cited by3 opinions
- Holliman v. StateSupreme Court of Arkansas · 1948
- State v. WilhiteSupreme Court of Arkansas · 1947
- State v. WilhiteSupreme Court of Arkansas · 1947